This is my submitted during the five session of the ten CPPCC proposals:

On the increase of legal aid case strength of fiscal subsidy proposals

   In recent years, the work of legal aid has made great achievements, by the recipient of the masses. But local governments, especially county government each year for the payment of legal aid cases subsidy funds also can not meet the real needs, mainly reflected in two aspects: on the one hand, the district government every year for legal aid funds generally only a few million, much of it more than one hundred thousand yuan, limited funding lead the difficulties of the masses of many should enjoy the legal aid is blocked in the legal aid gate; too low subsidies standards on the other hand over the legal aid cases, most of the province to the municipal and district / county legal aid cases subsidies standards each of not more than six hundred yuan, and some even every piece of less than three hundred yuan, which is much lower than the lawyer undertakes legal aid of the case to the cost price, much lower than the market price, leading lawyers lose money to do legal aid cases, seriously affected the enthusiasm of the assistance of counsel.

   Legal aid is established by the government of the legal aid organization legal aid workers, a legal security system to provide legal services for the economic difficulty or in special cases of human. The nature of legal aid is for the government to pay for legal services for the recipient, is a kind of government procurement legal services act. Therefore, the government procurement price is not higher than the market price, but also should not be lower than the market price, but should not be lower than the cost price.

   For a relatively simple criminal case as an example, the general case files are about four hundred pages or so. These materials in the case at least need to make two sets, a set is to use the files of finishing the legal aid center, another is to organize the files used in the law firm. According to the current court copy costs 2 yuan each calculation, two sets of copies files need to spend about 800 yuan. But lawyers undertake criminal case to the meeting with the parties, but the general in the more remote areas, traffic is not convenient, round-trip transportation costs is not a small sum of money. So as the most basic copy costs, transportation costs more than the cost of subsidies on the case. And for the cost of civil cases time usually in about half a year, long even to one year, two years will be closed. Aid lawyer in the material cost and time cost is very huge, far from hundreds of pieces of money can make up for. So, objectively speaking, most legal aid cases are lawyers put their own money in the process. Lawyers are self financing, seek the way that the occupation, no income security lawyers lose money for aid case is clearly not conducive to the healthy development of the cause of legal aid, is also very difficult to guarantee in the masses can enjoy high quality legal services.

   Based on the above situation, we put forward the following suggestions:

   A set of legal aid cases, the lowest subsidy standard line

   The provincial judicial administrative departments authorized government handling costs by accounting law, formulate various types of aid case minimum subsidy standard line, every two years to update issued guidance undertakes legal aid cases a minimum subsidy standard, used to guide the local legal aid center of subsidies on legal aid of the case, to ensure the cost of lawyers.

   Two, the local financial departments to promptly disbursed in full subsidies, legal aid

   Our province local financial departments should be based on the guidance of legal aid cases minimum subsidy standards provincial judicial administrative department, combined with the local management of legal aid cases timely, adequate number of funds will be allocated to the local legal aid, legal aid center, in order to ensure the legal aid funds sufficient support, realize make aid, and promote social harmony and stability.

                                     Shandong policy director of law firm Zhang Fashui

                                           February 18, 2012